All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) In fact, although the Defendant had the intent or ability to pay guidance to the victim, the lower court found Defendant guilty of the facts charged in this case. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

2) The punishment sentenced by the lower court (an amount of four million won) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below as to the defendant's assertion of mistake of facts, the fact that the defendant deceivings the victim as stated in the judgment of the court below, and thereby deceiving the victim by receiving a total of KRW 16.8 million from the damaged person as an advance payment.

Therefore, the defendant's above assertion is without merit.

B. The lower court rendered the aforementioned sentence by taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant, with regard to the unfair determination of the sentencing argument by the Defendant and the Prosecutor.

When comprehensively taking into account the conditions for sentencing and the applicable sentences in the trial, the sentencing judgment of the court below exceeded the reasonable scope of discretion.

There is no other circumstance in which it is deemed unfair to maintain the judgment of the court below as it is (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In addition, considering the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, circumstances after the crime, etc., the sentence of the court below cannot be deemed unfair because it is too heavy or too unreasonable.

Therefore, each of the above arguments by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is all without merit, and is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act. However, it is obvious that the "successful bid amount" of the 2nd parallel of the judgment below is a clerical error in the "satisf."